Construction Law Attorneys
When representing the owner in a construction project or dispute, it is important to first understand the relationships and responsibilities of each of the participants to determine the nature and types of claims that may be brought on behalf of or against the owner.
The typical construction project has three principal participants during the construction phase: the owner, the architect/engineer, and the contractor.
Generally, the owner initiates the construction process by selecting a project architect or engineer to prepare plans and specifications consistent with the owner’s needs (or “program”) and applicable building codes and laws. The lead design professional will typically engage consultants in other specialized disciplines, such as various engineering disciplines (e.g., civil, structural, mechanical, and electrical), fire protection, or interior design. After the design professional prepares the plans and specifications, a contractor is usually selected, either through negotiation, by bid, or through some combination of the two. Once a contractor is selected and a notice to proceed is issued, the contractor generally controls the course of the construction, often called the “means, methods, sequences and techniques,” with only limited input from the owner and architect. Typically, the bulk of the construction work is performed by the contractor though subcontractors or, more infrequently, through “separate contractors” hired by the owner.
We Resolve Construction Issues
Throughout the course of construction, the contractor may face problems, issues, or questions that must be brought to the attention of the architect, owner, or both. These issues must be resolved quickly, yet carefully, to preclude or minimize negative impacts on the project, typically in the areas of delay or additional cost. With careful planning and the use of knowledgeable professionals, an owner can avoid many of the pitfalls frequently encountered in construction. Often after construction various third parties, such as purchasers, tenants, or customers, occupy and use the project, and may themselves have the ability to assert claims against various parties involved in the construction process.
